# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 0912 V (not to be published)

CONSTANCE NICHOLS

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: August 11, 2021

Special Processing Unit (SPU);
Attorney’s Fees and Costs

Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL , for P etitioner.

Kimberly Shubert Davey , U.S. Department of Justice, Washington, DC, for R espondent.

DECISION ON ATTORNEY ’ S FEES AND COSTS 1

On July 28, 2020, Constance Nichols (“ P etitioner ”) filed a petition for compensation

under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq. 2
(the “Vaccine Act”). Petitioner alleges that she suffered Guillain

- Barré syndrome (“GBS”)
casually related to the influenza vaccine she received on September 8, 2018. ( Petitio n at

1 )

. On May 4 , 2021

, a decision was issued awarding compensation to P etitioner based

on the Respondent’s proffer

. (ECF No. 2 6 )

.

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E

Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the D ecision will be available to anyone with access to the

internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the per tinent subparagraph of 42 U.S.C. § 300aa (2012).2 Petitioner has now filed a motion for attorney’s fees and costs, dated July 14 , 2021,
(ECF No. 34 )

, requesting a total award of $ 57,213.65 (representing $ 56,537.20 in fees

and $ 856.45 in costs). In accordance with General Order No. 9, Petitioner filed a signed

statement indicating that Petitioner incurred no out

- of

- pocket expenses

. (ECF No. 3 1

- 3).
Respondent reacted to the motion on July 20

, 2021, indicating that he is satisfied that the
statutory requirements for an award of attorney’s fees and costs are met in this case

, and

defer s resolution of the amount to be awarded to my discretion

. (ECF No. 3 2 ). Petitioner
filed a reply on July 21, 2021, re questing that the Court award all fees and costs requested
in Petitioner’s application. (ECF No. 33).

I have reviewed the billing records submitted with P etitioner’s request. In my experience , the request appears reasonable, and I find no cause to reduce the requested

hours or rates.

The Vaccine Act permits an award of reasonable attorney ’ s fees and costs

. Section
15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney ’ s fees and costs. I

award a total of $57,213.65 (representing $56,537.20 in fees and $856.45 in costs) as a
lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel

. Per
Petitioner’s req uest, the check should be forwarded to Maglio, Christopher & Toale,

PA, 1605 Main Street, Suite 710, Sarasota Florida 34236. In the absence of a timely

filed motion for review (see Appendix B to the Rules of the Court), the Clerk shall enter

judgment in a ccordance with this decision. 3

IT IS SO ORDERED.

s/ Brian H. Corcoran

Brian H. Corcoran Chief Special Master

3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review.